4.9Jurisdiction Following Appointment of Juvenile Guardian

The court may appoint a juvenile guardian if it determines at a post-termination review hearing or a permanency planning hearing that it is in the child’s best interests.¹ MCR 3.979(A). During the process of appointing a juvenile guardian, the court must order the DHHS to:

(1) submit to the court within seven days a criminal record check and a central registry clearance of the residents in the home; and

(2) perform a home study and submit it to the court within 28 days or submit a copy of a home study conducted within the last 365 days. MCR 3.979(A)(1).

Note: If the child is in foster care, the court must continue the foster care placement. MCR 3.979(A)(2).

If the court finds it to be in the child’s best interests, the court may appoint a juvenile guardian once the DHHS submits results from the criminal record check, the central registry clearance, and the home study.² MCR 3.979(B). If the proposed guardian is seeking guardianship assistance payments, the assistance agreement must be approved and signed before the order of guardianship is entered.³ See the DHHS’s Child Guardianship Manual (GDM), Juvenile Guardianship GDM 600, p 9.⁴ 

Note: If parental rights have already been terminated, the court must first obtain written consent from the Michigan Children’s Institute (MCI) Superintendent before appointing a juvenile guardian.⁵ MCL 712A.19c(3); MCR 3.979(A)(3). However, the court may appoint a juvenile guardian without the MCI Superintendent’s consent under certain circumstances. MCL 712A.19c(6); MCR 3.979(A)(3)(c). See Section 18.5(A).

Once a juvenile guardian is appointed, the court’s jurisdiction over the juvenile guardianship continues until released by court order. MCL 712A.19a(13); MCL 712A.19c(10); MCR 3.979(C)(1)(a). “Unless terminated by court order, the court’s jurisdiction over a juvenile guardianship ordered under MCL 712A.19a or MCL 712A.19c^[6] for a youth 16 years of age or older shall continue until 120 days after the youth’s eighteenth birthday.” MCR 3.979(C)(1)(b). If the DHHS provides the court with notice that it is extending guardianship assistance to a youth beyond the age of 18 under MCL 400.665 (Young Adult Voluntary Foster Care Act (YAVFCA)), the court must “retain jurisdiction over the guardianship until that youth no longer receives extended guardianship assistance.”⁷ MCR 3.979(C)(1)(b). “Upon receipt of notice from the [DHHS] that it will not continue extended guardianship assistance, the court shall immediately terminate the juvenile guardianship.” MCR 3.979(D)(1)(c).

The court’s jurisdiction over the child pursuant to MCL 712A.2(b) terminates once the juvenile guardian is appointed and a review hearing is conducted under MCL 712A.19. MCL 712A.19a(12); MCL 712A.19c(9); MCR 3.979(C)(1)(a). But see MCL 712A.2a(4), which requires the court to retain jurisdiction over a youth 16 years of age or older who was appointed a juvenile guardian under MCL 712A.19a or MCL 712A.19c until the DHHS determines whether the youth⁸ is eligible to receive extended guardianship assistance under the YAVFCA,⁹ and if the DHHS determined the youth was eligible for extended guardianship assistance under the YAVFCA, the court must retain jurisdiction until the youth no longer receives the guardianship assistance.¹⁰ 

MCR 3.979(C)(1)(a) also contains provisions regarding termination of the court’s and the MCI’s jurisdiction over a child. When parental rights to a child have not been terminated, the court’s jurisdiction over the child is terminated after the court appoints a juvenile guardian and conducts a review hearing under MCR 3.975. MCR 3.979(C)(1)(a). When parental rights to a child have been terminated, the court’s and the MCI’s jurisdiction over the child are terminated after the court appoints a juvenile guardian and conducts a review hearing under MCR 3.978. MCR 3.979(C)(1)(a).

Although a juvenile guardian appointed under the Juvenile Code is distinct from a guardian appointed under the Estates and Protected Individuals Code, a juvenile guardian appointed under MCR 3.979 has all the power and duties described in MCL 700.5215. MCR 3.979(E). See Section 16.8(C) and Section 18.5(A) for a detailed discussion of a juvenile guardian’s duties and authority.

A.Lawyer-Guardian Ad Litem

The appointment of a lawyer-guardian ad litem terminates once the court’s jurisdiction over the child under MCL 712A.2(b) terminates. MCR 3.979(C)(3). At the court’s discretion, the court may reappoint the lawyer-guardian ad litem or appoint a new lawyer-guardian ad litem once a juvenile guardian is appointed. Id. See Section 7.10 for a detailed discussion of a lawyer-guardian ad litem’s powers and duties.

B.Parenting Time

MCL 712A.19a(14) “authorizes a trial court to contemplate an order of parenting time in the context of appointing a guardian under MCL 712A.19a(9)(c).” In re Ballard, 323 Mich App 233, 237 (2018). Similarly, at the annual review of the juvenile guardianship, “the trial court is required to consider an abundance of issues and factors, including ‘any written or oral information concerning the child from the child’s parent, guardian, custodian, foster parent, child caring institution, relative with whom the child is placed, or guardian ad litem in addition to any other evidence, including the appropriateness of parenting time, offered at the hearing.’” In re Prepodnik, 337 Mich App 238, 245 (2021), quoting MCL 712A.19a(14). “Because MCL 712A.19a(14) plainly envisions a trial court having an authoritative role with respect to parenting time during the course of a guardianship, . . . MCL 712A.19a(14) . . . provide[s] a court with authority to order parenting time for a parent after a juvenile guardianship has been established even if the court did not order parenting time when the guardianship commenced or at the time of the permanency-planning hearing.” In re Ballard, 323 Mich App at 237 (emphasis added). Accordingly, “the court . . . [has] the authority to increase, decrease, or terminate that parenting time during the [course of the juvenile] guardianship if the circumstances warranted court intervention; the original parenting time order [cannot] be indefinitely fixed.” Id. at 237 (holding that the trial court had the authority to order parenting time for the petitioner father).

No relative other than a parent or a grandparent may properly request court-ordered visitation with a child subject to a juvenile guardianship, and the court may not order visitation for any relative of the child involved except for the child’s parent or grandparent. In re Prepodnik, 337 Mich App at 247-249 (further holding that if a parent or grandparent requests visitation with a child in a juvenile guardianship, the parent or grandparent must comply with established procedural steps).

After a juvenile guardianship is established, the court must dismiss the neglect proceedings, and the court may retain jurisdiction over the juvenile guardianship until it orders otherwise. MCL 712A.19a(12)-(13). See also MCR 3.979(C)(1)(a).

In Prepodnik, the trial court initially entered a visitation order similar to an order typically issued to facilitate a child’s noncustodial parent’s visitation. In re Prepodnik, 337 Mich App at 241. At the request of his paternal aunt, the court ordered the child to spend alternating holidays, one weekend a month, and half of the summer with his paternal relatives. Id. When the initial visitation order was soon to expire and the court was preparing to fashion a subsequent order, the child’s juvenile guardian contested entry of a similar order, arguing that the child’s paternal aunt had no legal basis to request that the court order visitation for the paternal relatives. Id.

The trial court erred when it concluded that it had authority to order the child’s juvenile guardian to allow the child to have significant visitation with the child’s paternal family. In re Prepodnik, 337 Mich App at 243. The child’s paternal grandmother did not participate in the proceedings concerning the visitation; it was believed that the child’s paternal aunt arranged the child’s visits with his paternal grandmother. Id. at 241. But in fact, other than the child’s mother, the child’s grandparent was the only individual authorized to request court-ordered visitation. Id. at 247. To be awarded visitation, the grandparent was required to file a motion and a supporting affidavit; “‘a request for grandparenting time is not automatically included in a third-party request for custody.’” Id. at 249, quoting Falconer v Stamps, 313 Mich App 598, 648 (2015).

C.Qualified Residential Treatment Program (QRTP)

If the court is presented with placement in a QRTP at a hearing held under MCL 712A.19a, the court must approve or disapprove of the QRTP placement. MCL 712A.19a(14).

D.Review Hearing

The court must “conduct an annual review of a juvenile guardianship as to the condition of the child until the child’s eighteenth birthday.” MCR 3.979(D)(1)(a). See also MCL 712A.19a(13); MCL 712A.19c(10).¹¹ The annual review must be commenced within 63 days after the anniversary date of a juvenile guardian’s appointment. MCR 3.979(D)(1)(a).

Note: Because the law does not require the annual review to be a court hearing, the court could satisfy the review requirement by requiring the guardian to submit a report to the court from which the court could then determine whether a hearing was necessary. In order for the court to properly review the guardianship based on a report submitted by the guardian, the SCAO recommends that the court require the guardian to report, at a minimum, the following information:¹²

“[(1)] The guardian and child’s current address and phone number.

[(2)] The guardian’s willingness and ability to continue to provide for the child’s welfare.

[(3)] Information about the child’s education, including the name of the child’s school and current progress, including a copy of the child’s most recent report card, if the child is of sufficient age to attend school.

[(4)] Information about the child’s physical and emotional health, specifically if the child is having any medical/dental problems of concern and if the child has experienced any traumatic event during the past year.

[(5)] Information about other members of the guardian’s household.”

“The review hearing following appointment of the juvenile guardian must be conducted within 91 days of the most recent review hearing if it has been one year or less from the date the child was last removed from the home[.]” MCR 3.979(C)(2). If it has been more than one year from the date of the child’s last removal from the home, the court must conduct a review hearing following appointment of the juvenile guardian within 182 days of the most recent review hearing. Id.

•“If, under [MCR 3.979(C)(1)(b) (retention of court jurisdiction over juvenile guardianship for extended juvenile guardianship assistance)], the [DHHS] has notified the court that extended guardianship assistance has been provided to a youth pursuant to MCL 400.665, the court shall conduct an annual review hearing . . . [until] the youth is on longer eligible for extended guardianship assistance.”¹³ MCR 3.979(D)(1)(b).

E.Investigation of Juvenile Guardianship

The court must appoint the DHHS or a court employee to conduct an investigation of the juvenile guardianship if the court deems it necessary or upon petition by the DHHS or another interested person.¹⁴ MCR 3.979(D)(2). If the court orders an investigation, the DHHS or the court employee must file a written report within 28 days of the court’s appointment and serve it on the other interested parties listed in MCR 3.921(C). Id. See Section 5.2 for a list of interested persons in juvenile guardianships.

The report must include a recommendation on whether the juvenile guardianship should continue or be modified, and whether a hearing needs to be scheduled. MCR 3.979(D)(2). If the report indicates the juvenile guardianship should be modified, the DHHS or the court employee must state the nature of the modification.¹⁵ Id. 

Upon receipt and informal review of the report, the court must enter an order that:

(1) denies the modification recommendation; or

(2) sets it for hearing within 28 days of the court’s review of the report.¹⁶ MCR 3.979(D)(3).

F.Order of Discharge

Within 14 days of a child’s death, the juvenile guardian must provide the court and interested persons with written notice. MCR 3.979(E)(4). Upon notice of a child’s death, the court must enter an order of discharge.¹⁷ MCR 3.979(D)(4). However, the court may schedule a hearing before entry of the discharge order. Id.

G.Transfer of Jurisdiction

“[T]he court’s jurisdiction over a juvenile guardianship ordered under MCL 712A.19a or MCL 712A.19c for a youth 16 years of age or older” continues until 120 days after the youth’s 18th birthday or sooner if released by court order.¹⁸ MCR 3.979(C)(1)(a) (emphasis added). See also MCL 712A.19a(13); MCL 712A.19c(10).¹⁹ If the guardian relocates to another county within Michigan, the SCAO recommends that the court that handled the child protective proceeding and determined that appointment of a juvenile guardian was in the child’s best interests retain its jurisdiction over the guardianship.²⁰ However, the court may transfer the guardianship. See MCR 3.926.²¹

Prior to transferring the juvenile guardianship, the transferring court should contact the receiving court to make sure the receiving court is willing to accept the juvenile guardianship. If the receiving court is willing to accept the juvenile guardianship, the transferring court should send either the original case file or a certified copy of the file to the receiving court. See the SCAO Memorandum, Juvenile Guardianship Guidelines for Transfer of Jurisdiction, Child Support, and Funding Issues, and the Michigan Trial Court Records Management Standards, Standard 3.3.1.12, for detailed requirements of a case transfer.

Upon revocation of a juvenile guardianship (including any action on a petition to revoke or terminate the guardianship), MCR 3.979(F)(5)-(6) requires that jurisdiction over the child in the previous child protective proceeding be reinstated. Because the transferring court only transferred the juvenile guardianship and not the child protective proceeding, the SCAO recommends that the previous child protective proceeding be reopened in the county that originally handled the child protective proceeding and appointed the juvenile guardian. See Section 4.9(H) for a detailed discussion of revocation of a guardianship.

A dispositional review hearing must be held within 42 days of revocation of a juvenile guardianship. MCR 3.979(F)(7). Therefore, when jurisdiction over a juvenile guardianship has been transferred to another court and the original abuse/neglect case is to be reinstated in the original court, the receiving court should immediately notify and forward copies of the juvenile guardianship file to the transferring court so that the transferring (original) court has the complete history of the case when conducting the dispositional review hearing. See MCR 3.979(F)(7). See also the SCAO Memorandum, Juvenile Guardianship Guidelines for Transfer of Jurisdiction, Child Support, and Funding Issues, and the Michigan Trial Court Records Management Standards, Standard 3.3.1.12, for detailed requirements of a case transfer.

H.Revocation or Termination of Guardianship

The court may hold a hearing to determine whether to revoke the guardianship, on its own motion or upon petition from the DHHS or the child’s lawyer-guardian ad litem.²² MCL 712A.19a(15); MCL 712A.19c(11); MCR 3.979(F)(1)(a).²³ The court may hold a hearing to determine whether to terminate the guardianship upon petition from the appointed juvenile guardian or another interested person.²⁴ MCL 712A.19a(16); MCL 712A.19c(12); MCR 3.979(F)(1)(b).²⁵ 

Note: An appointed guardian seeking permission to terminate a guardianship may include a request for appointment of a successor guardian. MCL 712A.19a(16); MCL 712A.19c(12); MCR 3.979(F)(1)(b).

If the court finds by a preponderance of the evidence that it is not in the child’s best interests to continue the guardianship, the court must revoke or terminate the guardianship and either appoint a successor guardian or return the child to the temporary custody of the DHHS. MCL 712A.19a(17); MCL 712A.19c(13); MCR 3.979(F)(5)-(6).

A child who turns 18 while in a juvenile guardianship may receive extended foster care services after the juvenile guardianship is terminated. In re Hull, ___ Mich App ___, ___ (2023). Termination of a juvenile guardianship after a child reaches the age of 18 reinstates the child’s child protective proceedings case under MCL 712A.2(b), which would allow the child to apply for extended foster-care services under the Young Adult Foster Care Act (YAVFCA), MCL 400.641 et seq. In re Hull, ___ Mich App at ___.

1.Process Required to Revoke or Terminate a Guardianship

a.Hearing

Once a petition for revocation or termination is filed with the court, the court must hold a hearing within 28 days to determine whether to grant the petition to revoke or terminate the juvenile guardianship. MCR 3.979(F)(2).

“The court may order temporary removal of the child under MCR 3.963 to protect the health, safety, or welfare of the child, pending the revocation or termination hearing. If the court orders removal of the child from the juvenile guardian to protect the child’s health, safety, or welfare, the court must proceed under [MCR 3.974(C)²⁶].” MCR 3.979(F)(2). For information on court-ordered temporary removal of a child under MCR 3.963, see Section 4.1(A), and for information on the court procedures set out in MCR 3.974(C), see Section 15.8.

b.Investigation

To prepare for the revocation or termination hearing, the court must order the DHHS to perform an investigation and file a written report of its findings. MCR 3.979(F)(3). The DHHS must file the report with the court at least seven days before the hearing. Id.

The DHHS must include in its report the reason for revoking or terminating the juvenile guardianship and if applicable, a recommendation on a temporary placement for the child. MCR 3.979(F)(3).

c.Notice

The court must make sure that interested persons receive notice of the hearings as provided in MCR 3.920 and MCR 3.921. MCR 3.979(F)(4). See Section 5.2 for information on notice of hearings and a list of interested persons in juvenile guardianships.

The notice must inform the interested persons that they:

(1) may participate in the hearing; and

(2) may provide information at the hearing. MCR 3.979(F)(4).

Note: Any information an interested person wishes to provide should be submitted to the court, the agency, the child’s lawyer-guardian ad litem, and one of the party’s attorneys in advance. MCR 3.979(F)(4).

If proper notice has been given, the court may proceed in the absence of interested persons. MCR 3.979(F)(4).

d.Order Revoking Juvenile Guardianship

After notice and a hearing on a petition to revoke a juvenile guardianship, the court must enter an order to revoke a juvenile guardianship if it finds that:

(1) by a preponderance of the evidence the continuation of the juvenile guardianship is not in the child’s best interests;

(2) it is contrary to the child’s welfare to be placed in or remain in the juvenile guardian’s home; and

(3) reasonable efforts were made to prevent removal. MCR 3.979(F)(5).

Upon entry of the revocation order, the child must be placed under the care and supervision of the DHHS.²⁷ MCR 3.979(F)(5). Additionally, the court’s jurisdiction over the child pursuant to MCL 712A.2(b) is reinstated under the previous child protective proceeding. Id. 

e.Order Terminating Juvenile Guardianship

If the court finds that terminating the appointment of the juvenile guardian is in the child’s best interests after notice and a hearing on the petition to terminate, the court must terminate the appointment and proceed with an investigation and the appointment of a successor juvenile guardian in accordance with MCR 3.979(B).²⁸ MCR 3.979(F)(6)(b). The court’s jurisdiction over the juvenile guardianship continues with the appointment of a successor juvenile guardian. Id.

Note: See Section 16.8(A) and Section 18.5(A) for a detailed discussion of juvenile guardian appointments.

However, if the court finds that there is no successor juvenile guardian after notice and a hearing on the petition to terminate, and upon a finding that terminating the appointment of the juvenile guardian is in the child’s best interests, the court must place the child under the care and supervision of the DHHS. MCR 3.979(F)(5); MCR 3.979(F)(6)(a). The court’s jurisdiction over the child pursuant to MCL 712A.2(b) is also reinstated under the previous child protective proceeding. MCR 3.979(F)(5); MCR 3.979(F)(6)(a).

f.Dispositional Review Hearing

Within 42 days of revoking a juvenile guardianship, the court must hold a dispositional review hearing pursuant to MCR 3.973 or MCR 3.978. MCR 3.979(F)(7). The DHHS must prepare a case service plan and file it with the court at least seven days before the hearing. Id. Any subsequent postdispositional review hearings must be scheduled in conformity with MCR 3.974 and MCR 3.975. MCR 3.979(F)(7).

Note: See Chapter 16 for a detailed discussion of dispositional review hearings.

2.Maintaining Title IV-E Funding

To maintain a child’s Title IV-E funding eligibility following a juvenile guardianship revocation and reinstatement of the child protective proceeding, the court must make “contrary to the welfare of the child findings” and place the child with the DHHS.²⁹ The contrary to the welfare of the child findings are made against the juvenile guardian (not the child’s parents). Contrary to the welfare of the child findings do not require that a new petition alleging abuse or neglect be filed against the juvenile guardian.³⁰

However, if the child has not lived with the juvenile guardian for the last six consecutive months, the SCAO recommends that the court make both reasonable efforts and contrary to the welfare findings regarding both the juvenile guardian and the child’s parents. If the court fails to make a reasonable efforts finding in its order revoking the juvenile guardianship, those findings need to be made within 60 days of the revocation order.